Following a successful application for urgent interim relief by Craig Holmes, which restrained the removal of his client to Ethiopia; the Vice President of the Upper Tribunal has now granted permission to proceed to substantive judicial review of the Home Office's decision to refuse to accept the further material submitted by the Applicant as amounting to a fresh claim.

Craig's client feared to return to Ethiopia on account of involvement in an anti-government political organisation, well known for their opposition to the Ethiopian regime. The new evidence that the client had relied on, included some rather technical evidence to show that emails the client had received from the group, had in fact, been sent from the groups' own registered web domain; evidence over and above what is usually required to meet the low standard of proof.

This case was one of many that concerned the use of so called "removal windows" where, following an initial notice of liability to removal, the Home Office can seek to effect removal at any point within a three month window, presenting yet another obstacle to those seeking to challenge removals, or to get their cases in order before removal takes place.

Having moved quickly in the face of the removal window to secure an injunction barring the Home Office from removing the Applicant, Craig subsequently appeared in a successful bail application for his client, which was swiftly followed by the grant of permission to proceed to a substantive judicial review. Such cases quickly become urgent, as did this, and require fast and careful preparation in order to ensure that removal can be resisted as such short notice, and to ensure that successful challenges to any ongoing detention can be made promptly.

Craig Holmes is an Immigration, Asylum and Nationality Law specialist with a background of commitment to the voluntary sector. If you have an Immigration, Asylum or Nationality case you need advice or advocacy for, call our Immigration Clerks Courtney Soden and Daniella Howarth on 0161 832 4036, email [email protected], [email protected] or fill out our contact form.